STATE OF MADHYA PRADESH Vs. BALARAM

JUDGEMENT

(1.) The petitioner/State of Madhya Pradesh has preferred this petition for grant of leave to appeal under Section 378 (3) of Code of Criminal Procedure, 1973 against judgment dated 12th November, 2018 passed by the Judicial Magistrate First Class, Tarana District Ujjain (MP) in Criminal Case No.493/2013, whereby the respondents/accused persons have been acquitted from offence punishable under Sections 294, 323 read with Section 34 (on two counts) and 506-B of the Indian Penal Code, 1860.

(2.) Brief facts of the case are that on 27.06.2013 complainant Prahlad lodged a report at Police Station Tarana, District Ujjain (MP) that at Mahidpura Naka he has a Tea Shop/Hotel. At about 07.00 PM, Mohan came to his Hotel for drinking Tea. Complainant showed his inability to prepare tea for him, as there was no tea and he has no milk to prepare tea; hence, he requested to take tea from another shop. On this issue, Mohan abused him. At that time, Balaram (brother of Mohan) had also arrived. They abused him. When complainant resisted, Balaram gave a blow of lath on his left side of head. Manohar (elder brother of complainant) came there to save him. Mohan attacked on Manohar over his face by fist and hand, due to which he sustained injury on his cheek and eye. At that moment, Madanlal s/o Chhotelal and Lakhan s/o Shankarlal intervened in the matter. Accused persons Mohan and Balaram threatened the complainant with dire consequences.

(3.) The trial Court, after due appreciation of the entire evidence on record, by the impugned judgment, acquitted the respondents/accused persons from the aforesaid charges. Aggrieved by which, the petitioner/State of Madhya Pradesh has filed this petition for grant of leave to appeal.